Three-year-old girl ‘was unfairly denied place at nursery school’

The three-year-old was granted leave to seek a judicial review amid claims she has been unlawfully excluded in a system where the socially disadvantaged should get priority.

A judge said arrangements for assessing which girls and boys currently qualify for preschool enrolment based on a roll-out of the new benefit across Northern Ireland appeared arbitrary.

Fast tracking the case to a full hearing later this month, Sir Ronald Weatherup stressed: “It’s a patchwork, it’s affecting children in the present year and obviously it would have to be sorted out before the next school year in September.”

Proceedings were issued against the Department of Education after the girl failed to gain a place at a nursery school in Downpatrick.

All preschools are obliged to give priority to children from a socially disadvantaged background.

That criteria has now expanded to include families on Universal Credit as part of changes to the welfare system.

But lawyers for the girl, who was assisted in the case by her mother, contended she was wrongly denied a place because their benefits have yet to be moved over to the new arrangements.

According to barrister Martin McCann the decision was illogical and unlawful.

“It’s unfair to exclude this child simply because the family is now in that limbo position, in receipt of other benefits but not yet migrated to Universal Credit,” he argued.

Counsel for the department responded that under the current legislation her mother currently does not fall within the required definition.

During the hearing Sir Ronald was told at least 35,000 people in Northern Ireland are now on Universal Credit, with the numbers moving over expected to hit 300,000.

Expressing surprise at the figures, he noted that some of those families may gain nursery school priority before others.

“I’m going to grant leave against the Department,” he confirmed.

“If there’s a case for this child getting a place this should be done quickly.”

Outside court the girl’s solicitor, Paddy Sheridan, said: “The irony is that the delay in migration of those in receipt of benefits to Universal Credit disadvantages those who have been in receipt of benefits for the longest – that is those who are socially disadvantaged.”